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1988-06 -- ------ . .~ . , RESOLUTION NE-88-06 8 A RESOLUTION OF NEW ENCINITAS COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT, DESIGN REVIEW, SIGN PLAN PERMIT AND ENVIRONMENTAL ASSESSMENT TO ALLOW FOR AN AUTOMOTIVE SERVICE FACILITY AND RESTAURANT WITH A DRIVE THROUGH WINDOW LOCATED AT 219/221/225 NORTH EL CAMINO REAL (CASE NUMBER 88-102 MIN/DR/SIGN/EIA) WHEREAS, a request for consideration of a Minor Use Permit, Design Review, Sign Plan Permit and Environmental Assessment was filed by Robert Scarbarth, Speedy Lube, Inc., and Mikal Inc., to allow for an automotive service facility, and a restaurant with a drive through window, pursuant to Chapters 23 and 30 of the City of Encinitas Municipal/Zoning Codes, for the property located at 219/221/and 225 North EI Camino Real , legally described as; 8 See Attachment "A" WHEREAS, a public hearing was conducted on the application on August 16, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated May 12, July 14, and August 11, 1988; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; and e BF/03jCRO5-113wp 1(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 1 of 15 '. , 4. Written evidence submitted at the hearing. . WHEREAS, the New Encinitas Community Advisory Board made 8 the following findings pursuant to the Municipal/Zoning Code: SEE ATTACHMENT "B" NOW, THEREFORE, BE IT RESOLVED by the New Encinitas community Advisory Board of the City of Encinitas that application 88-102 MIN/DR/SIGN/EIA is hereby approved subject to the following conditions: See Attachment "c" BE IT FURTHER RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that this proj ect will not have a significant effect on the environment 8 and a negative declaration is hereby certified, pursuant to the California Environmental Quality Act (CEQA). . BFj03jCRO5-113wp 2(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 2 of 15 t. PASSED AND ADOPTED this 16th day of August, 1988, by the 8 following vote, to wit: AYES: Barton, Bagg, Colgan, Quinn NAYS: None ABSENT: Razovsky ABSTAIN: ATTEST: ~ ~ LU -». / ~ CA--- Bill Weedman Senior Planner 8 . BF/03/CRO5-113wp 3(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 3 of 15 . ATTACHMENT A PARCEL A 8 All that portion of the southwest quarter of the southeast quarter of section 11, Township 13 south, Range 4 west, San Bernardino Meridian in the County of San Diego, State of California, more fully described as follows: Beginning at the southeast corner of the southwest quarter of the southeast quarter of said section 11 as shown on record of Survey Map No. 9245, filed in the office of the County Recorder of San Diego County January 27, 1983; thence along the easterly line thereof north 0°46'39" east, 121.01 feet to the true point of beginning; thence 89°13'21" west, 140.98 feet; thence south 74°27'04" west, 37.59 feet to the easterly line of that land described in deed to the County of San Diego, recorded August 19, 1968 as file/page no. 141641 of official records; thence along the easterly boundary of said County of San Diego land, north 15°32'56" west, 117.18 feet to the north line of the north 3/4 acres of the south 2.25 acres of that certain parcel of land described in Exhibit "A" of deed to Robert C. Scharbarth recorded September 12, 1974 as file/page no. 74-246406 in book 1974 of official records; thence along said easterly line; thence along said easterly line south 0°46'39" west 101.00 feet to the true point of beginning. 8 Excepting therefrom any portion thereof lying easterly of the westerly line of Map 9497. Parcel B All that portion of the southwest quarter of the southeast quarter of Section 11, Township 13 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, more fully described as follows: Beginning at the southeast corner of the southwest quarter of the southeast quarter of said section 11 as shown on record of Survey Map No. 9245, filed in the office of the County Recorder of San Diego County January 27, 1983; thence along the easterly line thereof north 0°46'39" east, 121.01 feet; thence north 89°13'21" west, 140.98 feet; thence south 74°27'04" west, 37.59 feet to the easterly line of that land described in deed to the County of San Diego, recorded August 19, 1968 as file/page no. 141641 of official records; thence along the easterly boundary of said County of San Diego land south 15°32'56" east, 113.93 feet to the southerly line of said Section 11 as shown of said record of survey map 8 BF/03/CRO5-113Wp 4(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 4 of 15 no. 9245; thence along said southerly line south 88°47'08" east 145.03 feet to the point of beginning. 8 Excepting therefrom any portion thereof lying easterly of the westerly boundary line of map 9497. 8 8 BFj03jCRO5-113wp 5(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 5 of 15 I ATTACHMENT liB" Findings For Design Review 8 (Section 23.08.076 Municipal Code) 23.08.072 Requlatorv Conclusions - Generally. A. The project design is consistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The proposed commercial development is consistent with the present C-36 Zoning, the #13 General Commercial designation of the present General Plan and the General Commercial designation of the Land Use Policy Map of the City's Draft General Plan. B. The proj ect design is substantially consistent with the Design Review Guidelines. Evidence to Consider: The proposal preserves some significant views enjoyed by nearby properties to the full extent practical, reflects an acceptable level of design appearance, takes into consideration the privacy needs of the abutting 8 residential area, incorporates significant landscaping into proj ect, and otherwise substantially conforms with the City's adopted design criteria. C. The project will not adversely affect the health, safety or general welfare of the community. Evidence to Consider: The applicant has submitted noise and traffic studies which show that there will be no significant impacts created by the proposed project. D. The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The proposal reflects an acceptable level of design appearance and thus will not be materially detrimental to surrounding properties. E. That the project is compatible in structural size (bulk and mass) to adjacent properties and 8 neighborhood; BF/O3/CRO5-113wp 6(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 6 of 15 F. There is reasonable probability that the land use and design proposed will be consistent with the 8 General Plan proposal being considered or studies since the proposed General Plan is consistent with the currently adopted General Plan. G. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed design is ultimately inconsistent with the plan, since the project is allowed by the proposed General Plan. 8 8 BF/03/CRO5-113wp 7(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 7 of 15 , Findings for a Use Permit (Section 30.74.070, of Municipal Code) 8 1. The location, size, design or operating characteristics of the proposed project are incompatible with or adversely affect or may be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (a) The inadequacy of public facilities, services and utilities to serve the proposed project; (b) The unsuitability of the site for the type and intensity of use or development which is proposed; and (c) The harmful effect, if any, upon environmental quality and natural resources of the city; or Evidence to Consider: The Board found that there are sufficient public facilities, services and utilities to serve the project as they are available to the proposed site; the suitability of the site for the type and intensity of use or development which is proposed, since it is presently a commercial zone and the abutting parcels along EI Camino Real are developed with commercial uses; and that a Negative Declaration was prepared for the proj ect which 8 found that the proposed project would not effect or significantly impact the environmental quality or natural resources of the City. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; and Evidence to Consider: The impacts of the proposed project will not adversely affect the policies of the existing Encinitas General Plan or the provisions of this code, since it is proposed to be constructed to match the existing commercial structures in the area, it will be adequately landscaped, and it will be solely for the uses as proposed. 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. Evidence to Consider: The proposed project appears to comply with and will adhere to all other applicable City codes as represented by the submitted plans which have been reviewed by the City and found to be in compliance; no standard or 8 criteria has been waived. BFj03jCRO5-113wp 8(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 8 of 15 J ATTACHMENT "c" 1. SPECIFIC CONDITIONS: 8 That the applicant record with the County Recorder an amended relinquishment of access rights to show conformance with the proposed site plan. 2. GENERAL CONDITIONS A. This approval will expire on August 16, 1989, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agent within 10 days from the date of this approval. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity; D. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of 8 this permit; E. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; F. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit; G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit; H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and 1. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the 8 time of Building Permit issuance. BF/03/CRO5-113wp 9(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 9 of 15 J. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, 8 Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. K. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. M. Project is approved as submitted and shall not be altered without authorized agency review and approval. APPLICANT SHALL CONTACT TIlE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. SITE DEVELOPMENT A. site shall be developed in accordance with the approved site plans on file in the community Development Department and the conditions contained herein. B. Revised site plans and building elevations incorporating all conditions of approval shall be 8 submitted to and found to be satisfactory by the Planning and Community Development Department prior to issuance of building permits. C. Mail boxes, shall be installed and located by the developer subject to approval by the authorized agency pursuant to Design Review unless written information is provided by the post office to state otherwise. D. Trash receptacle shall be enclosed by 6 foot high decorative masonry wall with view-obstructing gates. Design and location shall be subject to review and approval by the authorized agent. E. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the authorized agent. F. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Community 8 Development. BF/03/CRO5-113wp 10(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 10 of 15 G. For a new commercial or industrial development, or addition to an existing development, the applicant 8 shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Fees, Drainage Fees and Park Fees. These fees shall be paid prior to building permit issuance or final occupancy pursuant to stated policies and the municipal code. H. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. 1. Building elevations materials and color are approved as submitted and as on file in the Planning and Community Development Department. J. Applicant shall submit to the Planning and community Development Department a security construction plan for review and approval. Said Plan shall identify any temporary fencing, temporary parking and circulation, project access and the like. K. Revised elevations reflecting required modifications shall be submitted to the Community Development . Department prior to submittal for plan check. L. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. M. That a plan be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. 4. PARKING AND VEHICULAR ACCESS A. Parking lot layout shall meet the standards of the Zoning Ordinance and the off street Parking Design Manual. B. Parking lot lights shall be low pressure sodium, shielded and have a maximum height of eighteen (18) feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 8 BF/03jCRO5-113wp 11(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 11 of 15 r C. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the off street Parking Design Manual. 8 D. Parking area shall be screened from adjacent properties and/or public view with a combination of a decorative wall and landscaping. Said screening shall be reviewed and approved by the community Advisory Board. E. Whenever 6 or more cars are in line at the drive-thru location, the restaurant management shall assign an employee to monitor and direct traffic in the parking lot. The purpose of the traffic management plan is to assure that traffic will not stack in the public right-of-way. At no time shall an employee of a tenant at the project direct traffic in the public rights-of-way. 5. LANDSCAPING A. A detailed landscape and irrigation plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits. Such plans shall be in substantial compliance with or exceed plans approved by the New Encinitas Community Advisory Board. 8 B. The landscape plan shall meet the standards of the Zoning Ordinance, Grading Ordinance and off street Parking Design Manual. C. All required plantings shall be in place prior to use or occupancy of new buildings or structures. All required plantings shall be maintained in good growing conditions, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. D. The height required for hedges or other dense landscaping is the height to be attained within 3 years after planting. E. Landscaping shall be maintained in such a way so view corridors are not blocked. 6. SIGNS A. Any signs proposed for this development shall be designed and approved in conformance with the sign 8 BF/03/CRO5-113wp 12(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 12 of 15 . .. Ordinance and the approved sign program approved by the New Encinitas community Advisory Board. 8 B. A comprehensive Sign Program for this development shall be submitted to the Community Development Department or Community Advisory Board for their review and approval prior to issuance of building permits. The "Speedy Lube" monument sign shall not exceed 100 square feet; the signs on the face of the "Speedy Lube" buildings shall not exceed 60 square ft. for each building, or a total of 120 square feet. C. Signs are approved as submitted. 7. GRADING A. Grading of the subject property shall be in accordance with the Grading Ordinance. B. A soils/geological/hydraulic report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance or at first submittal of a grading plan. C. The final grading plan shall be subject to review and approval by the Public Works Department and shall be completed prior issuance of building permit. 8 8. STREETS AND SIDEWALKS (The authorized agency may modify City Standards in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity per Municipal Codes. A. All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Works. B. Vehicular access rights to Circulation Element roads shall be dedicated to the City of Encinitas and labeled on the final map to the satisfaction of the Director of Public Works or by separate document. C. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and . BF/03jCRO5-113wp 13(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 13 of 15 r , . . . maintenance thereof to the satisfaction of the Director of Public Works. 8 D. street improvements that include, but are not limited to: a. Sidewalks f. Cross gutter X b. Driveways g. Alley gutter -- c. Wheel chair ramps h. street paving d. Curb and gutter i. Alley paving e. street signs j. street lights k. Pavement markers shall be completed prior to the occupancy of the units to the satisfaction of the Director of Public of Public Works for El Camino Real. E. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. There shall be a limit of two curb cuts serving the project, the third curb cut shall be removed. F. Prior to any work being performed in the public right-of-way, a right-of-way construction permit 8 shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. G. The developer shall pay the Traffic Mitigation Fee at the established rate at the date the final inspection or the date the certificate of occupancy is issued, whichever occurs later. H. Developer shall execute and record covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements, including traffic signals where appropriate. 9. DRAINAGE AND FLOOD CONTROL A. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. 8 BF/03/CRO5-113wp 14(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 14 of 15 . . . . B. Portland cement concrete gutters shall be . cross installed where water crosses the roadways. . C. Concentrated flows across driveways and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 10. UTILITIES A. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. B. Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. C. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Encinitas, Fire District, Appropriate Agency and the Health Department of the County of San Diego. D. Prior to acceptance of property for sewer service (if applicable), annexation to the sewer improvement area shall occur. . 8 BF/03/CRO5-113wp 15(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA Page 15 of 15